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Home My WebLink About95-03132 "."'.41' SAMPLE bRIDGE ASSOCIATES, OWllel' IN THE COURT O~' COMMON I'LEAS 01' CUMbERIJlND COUNTY, PENNSYLVANIA v, I NO, I 'I 'j -, I .., J 1 _ '1'_" /t II () JOliN W, GLIUM JR" INC. Contractor I WAIVER OF (,lENS CONTRACTOR'S WAIVER OF LIENS THI8 AGREEMENT made thie 0'~(~ay of __ :j un ( , un, betwaen sample Bridge Auociatee, a Penneylvania general partnership, with ite officas at 6510 Carl1s1e Pike, Mechanicsburg, Pennsylvania ("OWller") and John W, Gleim, Jr" Inc" a Pennsylvania cOl'pora ti on , with Its offices in .11 11l8k1Ul" Drive, Carlisle, Pennsylvania ("Contractor"), <<to '101I1( II,I~ WIlEREAS, by a duly executed written agreement dated June I, 1~~5 (the "ContractU), Owner 8J:d Contractor have contracted for the completion of certain site ""rk Including but not limited to seeding, grading, curbing, sewer excavation, and electrical excavation all in accordance with the Contract (the "Improvsmenta") on the Property situate in Silver Ilpring TOWllShip, cumberland County, Pennaylvanla (the "Property"), said Property bsing more particularly described in Exhibit "A" attached hereto and by this reference Incorporated herein; and WIIEREAIl, no authorization has yet been given by Owner to Contractor to commence its work or purchase materials for same; and '4IlEREAS, no work has commenced on the Property and no labor or mater',als hav, been delivered to the Property or fl'rniehed for the Improvementa by Contractor ur any sub-contractor or materialman, NOW, THEREFORE, the Contractor, for itself, its successors end assigns and anyone else acting 01' claiming through 01' under it, for and In consideration of the Contlact and the considerations mentioned therein, and Intending to be legally bound heleby, does herehy agree as fol1c,wsl J, WaivfH o( Lien, Contractor hereb\ waives and relinquiehes all rights to fUe a mec"anlcs' I len, <,!aim or 1I0tice o( Intention to file any lien or claim and does helP-by covenant, promise and agree that no mechanics' lien or claim or other lien <.r claim of any kln<l whatsoever shall Ill! filed or malntallled against the Improvemants 01 the estate or title of OWller In the Propsrty as described In Exhll>it "A" or the <'\lrtllage or CUI ti !agea app\lrtellllllt ther'eto, by or In ths lIame of Contractor 01' by or III the Ilame o( allY subcontractor, materlalm..n or laborers (or work done or materlala fumlBhed \lnder the contract or by allY other patty actillg tbrough 01 \llIdel' them or any of them (or and about the Inlprovemellts 01 the lJroperty ot tiny part thereof, or on credit. thereof, and that all subcontractora, materialmen, and laborern on the work nhall look to and hold Contractor peraonally llable for all subcontracts, materialo furnished under the contract for and about the erection, construction and completion of the Improvements, or under" sny contract for extra work, or for wOl"k supplemental thereto, 01" otherwise, 2, Indellendent Covenant, Thio Agreement waiving the right of llen shall be an independent covenant and ohall operate snd be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and complet ion of the said Improvements and as to any work and labor done and materials furniohed under the Contract, ], Power of Attornev, In order La give owner full power and authority to protect itself, the property, the estate or title of owner therein, and the appurtenances thereto, against any and all liens filed by Contractor or anyone acting under or through it in violation of the foregoing covenant, Contractor hereby irrevocably authorhes and empOWel"S any attorney of any Court of Common Pless of the Commonwealth of pennsyl vania to (i) appear as attorney for it, them or any of them, in any such Court. and in its or their name or names, to the extent permitted by law, mark satisfied of record at the cost and expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed in violation of the foregoing covenant, or (iil cause to be filed and served in connection with such llen or liens any pleading or instl"Ument, or any amendment to any pleading or instrument previously filed by it or them, and to incorporate therein, as psrt of the record, the waiver contained in this instrumentl and for such act or acts this instrument shall be good and sufficient warrant and authority, A reference to the court, Lerm and number in which and where this agreement shall have been filed shall be conclusive evidence of the authority herein to warrant such action, and Contractor, for itself and for them, hereby remises, releases and quit-claims all rights and all manner of errors, dsfects and imperfections whatsoever in entering such satisfaction or in fillng such pleading, inatnlment or amendment, or in any way concerning them. In the event anyone scting thr"ough or under contractor shall so file a lien in violation of the foregoing covenant, owner may not exercise its rights under this Paragraph ] unless such lien has not been stricken or discharged (by payment, posting of a bond or other means I for a period of ten days sfter notice of such lien shall have been received by Contrsctor, 4, Pub I ic Notice, This Agreement shall be f Ued in the Cumberland County Prothonotary's Office as public notice hereof. IN WITNESS WHEREOF, the oaid puliea, intending to be legally bound hereby. have caused this Contractor' 0 wal ver of Lieno to be executed the day and year firot above written. ATTEST, OWNER, SAMPLE BRIDGE ASSOCIATES By' Sample Bridge, Inc, General Partner / B~~ .d .eet esi:?ent By. Fox Squirrel. Inc, General partner ~ / ' ~ BYI "" 't....---- ~ preoi~t ,/ ( " Secretary CONTRA:TOR. ' JOH\ w :IGrr/~R.. ~.N~/ ~ ( \ "i,' II, / / \ By, ~1.H ,L " (, . .~ (Vice) President I I ,. A?!;ldv ;:1&t;'1 .!2:Jl (ABet, I rfecretary - IDET\L1 I .1 I.EGAl I)[.SCRIPTION TIm PENINSIJI.A . PI/ASE 1/1 SILVBR SPRlNO TOWNSHIP, CUMIlERLAND COUNTY PENNSYLVANIA All thaI cenaln IIlct or pucel of laud ulU~le Eau of Sample Bridle Road (f.S961 and South of Ball.Hal Road (T.'s99) In the Town~hlp of Silver Sprin8. County of Cumberland, Commonweallh of Pennsylvania, more pUlIcul.uly bounded and dcscnbcd as (ollow to WII: BEGINNING al a point, said polnl b~lnlllhe inlerSllClion of the Easlern Right.of.Way line of Sample Brid8e Road and the Southern Rillhl.of. Way line of Bali.Hal Roadj thence along the Soulhern Righl.of.Way line of Ball-Hal Road, NOM HI de.rees 51 minutes 12 seconds EaSl, a dislince of 635,04 feel to a poinl; thence along a curve, curvinB to the lefl, havinB a radius of 220,00 (eel and an arc lenath of 105,76 feel to a point; thence a10nllands now or laic of Rich Leblanc, North 81 dearus 51 minutes 21 seconds East, a distance of 850,)5 fUIIO a point; thence alonalandl now or late o( Sliver Spring Golf Course Iho (ollowina sill (6) counes and distances: I. South 26 dearul 45 minutes 42 seconds Wesl, a distancc of 85,36 fectto a pOllll, 2, South 81 delrtes 5 I minute.! 12 seconds Wesl, a dlltance o( 580.00 feet III a polnl, 3. South 23 dearea 50 mlnules 42 seconds West, a distance o( 615,00 fect 10 a polnl, 4. Soulh 02 delrea 19 minutes 18 s~onds Easl, a disllnce of 1,335,00 fect to a pain I, 5. South 84 delrea 30 minutes 42 $CConds West, a distance of 430,00 fect 10 I poinl, 6. Soulh 38 dearea 40 minutes 42 seconds West, a distance of 423,00 fut 10 a polnl, llid poinl beln. the Easlern Rlght.of.Way line of Sample Brldae Road; Thence a10nl the Eastern Rlahl.of.Way line of Sample Bridae Road the followin. seven (7) courlCl and dllllllCCI: I, Nonh 12 delful 44 mlnulCs 44 seconds Wesl. I dllllnce of 249.95 fc.:t 10 I polnl, fX11I1l1T ^ ~\~;: - "'\~. "'- ,~ ~ . .... ~ ""'- [ ~. ()-... N IN c;;-. ~ ~ C'\ ~ N "6 ~ ~ ".J ~:-tJ?,\ ~ ~ ~ '""'" --,. ~ "~-;$ \ " t.~.) \, ~ '; ..... u... \..oJ I "'f'-./ .' ":--. C') f- ~ - .... ... --- ,~ ~, ..... rt'. "--, L...., , l\. -. >- J _':;' '-, "-: -c. , .... L; _, t- -4>- '0"' " ,,~~ wn f: .t .t.t':!... !~:L~": : ',- "">" .., .',t., l~, l"~ ;.1. :-"; ;~no~' ~""'~~ ,.. ~ . ...t . I- ".. .... ~f: '-- Ii N - - ~ s: . ~